Texting While Driving Becomes Primary Offense

Key Biscayne Foundation sponsored local educational campaign as tougher texting- and-driving law went into effect. (Nancy Beth Jackson/Key News)

As of January 1, police can cite and ticket you if they catch you texting while driving even if you are observing all other laws.

Previously, Florida was one of the few states where texting while driving was only a secondary offense — and then rarely enforced.

Under the new law, rolled out in stages since July 1, the first violation gets you a $30 fine but no points on your driving record. Do it again within five years, and the penalty increases to a $60 fine and five points that stay on your driver’s license for five years, upping your insurance rates.

But enforcement may not come easily.

“It is extremely difficult for officers to ‘catch’ violators in the act,” says Key Biscayne Police Chief Charles Press, whose department will be enforcing the state law on Key Biscayne. “Because people are still allowed to hold the phone and use it for other purposes, the officer almost has to be sitting right next to the window. However, in school and construction zones, there is a strict no-hands policy that makes it easier for officers to cite the violator.”

Since October, drivers using hand-held cell phones for whatever reason in these zones risk a citation. If employed, devices must be in hands-free mode. 

“I’m happy we made some progress, but I fought to the bitter end for a full hands-free ban,” said Debbie Wanninkhof, who has lived on Key Biscayne since 1990.

She and her husband Rik have campaigned for stricter laws since their son Patrick was killed by a texting driver when he was cycling in a cross-country fundraiser in 2015.

Although the Wanninkhofs were disappointed that the new legislation did not go farther, they were encouraged that Tallahassee lawmakers finally came together to ban texting while driving after years of discussion.

“The timing was right,” Debbie said. “It has gotten out of control in a big way. It has become an epidemic.”

She continues to fight for the hands-free ban. So far only 16 states and the District of Columbia have such laws. How long before Florida joins them?

“It depends on the powers that be,” she said. “I have a feeling it won’t be in the next few years, but at least this is a start.”

For more information:

DMV Guide to Florida Cell Phone Laws

KB Resident Shed Tears As New Law Makes Texting While Driving a Primary Offense

How Key Biscayne Police Introduced the Law Last Year

CORRECTION: The original version of this article said violators of the new law are arrested. In fact, they receive a citation, which does not go on the driver’s permanent record.